Press Statement by Institute for National and Democracy Studies

Support the IMW’s protest on Renewal Passport Policy of Consulate General of Republik Indonesia in Hongkong

The President Yudhoyono’s call to improve and efficiency in immigration services for the Indonesian Migrant Workers is seems will never been realized. Even all are aware that this call was strong connected to the complexity of problem on Indonesian migrant workers issues that most of it was caused by the government policies on migrant workers. Until now, corruption, bureaucratism and many undemocratic policies without consultation with a relevant stakeholder still become the problem that haunting the migrant workers.

A good and concrete sample of the lackness initiative and effort of the Indonesian government to improve their service ability for the migrant workers was shown by the current policy of Government of Indonesia (cq. General Consulate of RI in Hongkong) that abolished the “one-day of renewal passport policy for Indonesian Migrant Workers (IMWs)”. That policy was showing the undemocratic attitudes of Indonesian bureaucrat. The IMW’s as the relevant stakeholder of that policy was never openly invited by the Indonesian Consulate in Hong-Kong to discuss and find out the weakness existing previous policies.

As been explained by the Association of Indonesian Migrant Workers (Asosiasi Tenaga Kerja Indonesia) in their release (2/11/2007), the new policy worsening the immigration service of General Consulate of RI in Hongkong. That policy could easily remove the right of the IMW’s especially the civic right as the citizen of Indonesia and could affect to the removal of other rights. For the receiving country which has a strict immigration’s policy like Hongkong, passport is essential. Without having passport, the foreigners like IMW’s could easily drag to the court and jailed. Without having passport, the IMW’s could easily remove or terminated from their current job. So, this will become a big problem for almost 111.000 IMW’s in Hongkong and more than 6.000 IMW’s in Macau.

Instead that worse policy, other immigration service of the General Consulate of RI in Hongkong was also never been good. Not only in renewal passport policy that openly known by almost all migrant workers full by corruption, the other policies also worse. For example, the fact that almost all migrant workers was only have a day off—which is only in Sunday—was never been considered by the General Consulate to maintain their services for the IMW’s. The Consulate’s office always closed in Sunday. In other days, the IMW’s didn’t have time to arrange their needs because already tied up with contract to work in their employees. And not only that, other situation is in a day, the Consulate’s office in their working day was less than eight hours. The office was opened at 9 AM and close at 4 PM. That also must reduced by two hours break-time. This means almost none of the IMW’s could get their right to have services from the consulate.

There’re also other sample that shows the systematic abuse of the IMW’s right, such placement fee that strongly broke the existing Hong-Kong policy on minimum wages of migrant workers. On behalf of the Indonesian Government, the General Consulate of RI in Hongkong signed the placement fee that higher than the Hong-Kong administration policy regarding the placement fee and minimum wages of migrant workers. That’s why; the Persatuan BMI Tolak Overcharging (PILAR) an alliance of IMW’s organization and association strongly demand the Consulate to abolish all policies that overcharged the IMW’s.

Regarding the renewal passport issues, recently government of Indonesia via BNP2TKI (National Body of Placement and Protection the Indonesian Migrant Workers) admitted that more than 100.000 Indonesian migrant workers passport in several receiving countries—like Malaysia and Middle East countries—are going to be expired and must be renewed. This will become a challenge for the government to prove their intention of the migrant workers. Failures and corruptions, like what had happened in General Consulate Office in Malaysia, must not be repeated. Government must see the problem not only in the term of economical benefits like usually, but have to see this problem as a state obligation that must be fulfilled.

It must be acknowledged by all that the immigration’s document’s like passport is a part of civic right that been guaranteed by the constitution. Governments of all countries are essentially tied in a state obligation to fulfill that right. So, it’s not a simple document, but the document that acknowledge the right of the people. Restricting the people’s right to have that document could be considered as the violation of the civic right. Based on the premise above the current policy of General Consulate RI in Hongkong regarding the passport renewal policies could be considered as a violation of the IMW’s civic right. This must be considering as a big problem because its affect to the other right that could be violated by this policy.

Therefore, Institute for National and Democracy Studies (INDIES) as the civil society organization that based in Jakarta and highly concern on the migrant worker’s issues demand to the Government of Indonesia (c.q. The General Consulate of Republic of Indonesia in Hongkong):

1. To abolish the current policy regarding the renewal passport policy and must allow the migrant worker to have a day services on renewal passport process. We have to consider that passport as an essential document for IMW’s is a part of their right that must be fulfill and protect by the government. Such restriction could easily considered as a violation because its effect and connect to other right.

2. The Government of Indonesia must also show the significant improvement of the service capability and concern to migrant workers issues by creating the sufficient policy that oriented to protect IMW’s right of any violation. The IMW’s demand like (1) providing a one-day renewal passport service to all IMW’s in Hongkong and Macau, (2) full service for IMW’s on Sunday, and (3) eight hours a day full services for IMW’s must be consider as a part the state obligation that must be fulfill by government without any hard condition.

3. The Government of Indonesia must also to have a direct hiring system for all IMW’s in Hongkong and simplify the placement system of IMW’s in Hongkong. Also, all kind of illegal charging that violated the IMW’s right must be stopped and considered as illegal action. Government must conduct significant law enforcement to the agencies that operating the illegal charging to the IMW’s.

4. Regarding the issue of expiring more than 100.000 IMW’s passport in many receiving countries, the Government of Indonesia must see this problem as a state obligation to their citizen that must be fulfilled without any hard and extraordinary condition.

Last, we also propose to all Indonesian citizens, IMW’s, and supporting group of the IMW’s, particularly for those who stay in Hongkong to support and join the protest.